Presentation: Update on Legal Cases against Proposition 14/SB6
Sponsor: Coordinating Committee
Background: Proposition 14 was passed by in the June 2010 California primary and changed the way the state conducts its elections. Party primaries are eliminated and no longer does a candidate from every ballot qualified party appear on the General Election ballot. Proposition 14 provides multiple threats to the Green Party
At the April 30/May 1, 2011 General Assembly in Berkeley, the GPCA heard a summary of the legal arguments against the Top Two primary (Proposition 14 in California, Initiative 872 in Washington State), as well as Senate Bill 6 (SB6), Proposition 14's implementing statute in California. A video of that presentation is here, featuring Richard Winger of Ballot Access News and Gautum Dutta, attorney against SB6 (http://www.businessandelectionlaw.com/sb6).
Since then the case against Initiative 872 has gone to the Ninth Circuit Court in San Francisco and is now being appealed to the U.S. Supreme Court, which could consider it in late 2012 and render a decision by early 2013. At the same time, SB6 has also gone to the Ninth Circuit Court, but it appears they do not want to decide the case until after the November 2012 general election. A running update of that case can be found here on Dutta's website. In addition, a newer challenge to Proposition 14 was filed on November 21, 2011 in Oakland by the Green Party of Alameda County, the Libertarian and the Peace and Freedom Parties of California, and a number of individuals, including California Greens Michael Rubin and Kate Tanaka. A copy of that complaint is here and the case is expected to be ruled upon on April 10, 2012.
Presentation: Dutta and Winger will be present to make an update in person on the status of these legal cases.